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FAR and DFARS › FAR Part 44: Subcontracting Policies and Procedures › Subpart 44.2

FAR 44.201-1 Consent requirements.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section explains when a contractor must get the contracting officer's consent before awarding a subcontract. If the contractor has an approved purchasing system, consent is generally only needed for subcontracts the contracting officer specifically identifies; if not, consent is required for certain subcontract types and values. It matters because awarding a subcontract without required consent can put the contractor out of compliance.

Applies to: Government contractors awarding subcontracts under covered prime contracts

What it requires

  • Obtain consent for subcontracts specifically identified by the contracting officer in the subcontracts clause if the contractor has an approved purchasing system
  • Obtain consent to subcontract for cost-reimbursement, time-and-materials, labor-hour, or letter contracts if the contractor does not have an approved purchasing system
  • Obtain consent for unpriced actions under fixed-price contracts that exceed the simplified acquisition threshold if the contractor does not have an approved purchasing system

Key terms: approved purchasing system · consent to subcontract · simplified acquisition threshold · cost-reimbursement · time-and-materials

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) If the contractor has an approved purchasing system, consent is required for subcontracts specifically identified by the contracting officer in the subcontracts clause of the contract. The contracting officer may require consent to subcontract if the contracting officer has determined that an individual consent action is required to protect the Government adequately because of the subcontract type, complexity, or value, or because the subcontract needs special surveillance. These can be subcontracts for critical systems, subsystems, components, or services. Subcontracts may be identified by subcontract number or by class of items (e.g., subcontracts for engines on a prime contract for airframes).

(b) If the contractor does not have an approved purchasing system, consent to subcontract is required for cost-reimbursement, time-and-materials, labor-hour, or letter contracts, and also for unpriced actions (including unpriced modifications and unpriced delivery orders) under fixed-price contracts that exceed the simplified acquisition threshold, for—

(1) Cost-reimbursement, time-and-materials, or labor-hour subcontracts; and

(2) Fixed-price subcontracts that exceed—

(i) For the Department of Defense, the Coast Guard, and the National Aeronautics and Space Administration, the greater of the simplified acquisition threshold or 5 percent of the total estimated cost of the contract; or

(ii) For civilian agencies other than the Coast Guard and the National Aeronautics and Space Administration, either the simplified acquisition threshold or 5 percent of the total estimated cost of the contract.

(c) Consent may be required for subcontracts under prime contracts for architect-engineer services.

(d) The contracting officer's written authorization for the contractor to purchase from Government sources (see part 51) constitutes consent.

Sections that refer to it

← 44.201 Consent and advance notification requirements. · 44.201-2 Advance notification requirements. →

Rule changes for FAR Part 44

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 44.201-1 Consent requirements · SpendQuery